Teacher and Teacher's Aide Placement Assistance Program

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 254

Teacher and Teacher's Aide Placement Assistance Program

AGENCY: Department of Defense.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: This program provides stipends to Service members and eligible

individuals losing Defense jobs and provides grants to local

educational agencies who hire separated military members, terminated

Department of Defense and Department of Energy employees, and displaced

defense contractor scientists and engineers as teachers and teacher

aides. The intent of this program is to relieve shortages of elementary

and secondary school teachers and teacher's aides through placement of

qualified separating military, terminated Department of Defense and

Department of Energy employees, and displaced contractor employees in

schools that serve a concentration of children from low-income

families.

EFFECTIVE DATE: February 22, 1994.

DATES: Comments: Comments must be received by April 18, 1994.

ADDRESSES: Forward comments to Department of Defense, Office of the

Assistant Secretary of Defense (Personnel and Readiness) (PSF&E)

(DoDEA), The Pentagon, room 3E784, Washington, DC 20301-4000.

FOR FURTHER INFORMATION CONTACT:

Mr. Otto Thomas (703) 696-4384.

SUPPLEMENTARY INFORMATION:

Background

This program allows local educational agencies that serve a

concentration of children from low-income families to receive a salary

subsidy from the Department of Defense for up to five years to offset a

portion of the basic salary of a teacher or teacher's aide hired under

this program. Local educational agencies that qualify for this program

may inform the Defense Activity for Non-Traditional Support (DANTES) of

their interest to participate and can advertise an opening on the DoD

Transition Bulletin Board and receive a listing of interested personnel

from an automated listing called the DoD Public and Community Service

Registry.

Executive Order 12866, ``Regulatory Planning and Review''

It has been certified that this interim final rule, in conformance

with Executive Order 12866, does not:

Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

Materially alter the budgetary impact of entitlements, grants, user

fees or, loan programs or the rights and obligations of recipients

thereof; or Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

this Executive order.

This interim final rule is necessary to initiate the program and

benefit as many personnel as otherwise eligible. This program is time-

sensitive and is authorized upon publication in the Federal Register

until October 1, 1997. Comments will be considered in determining

whether to amend this interim final rule.

Public Law 96-354, ``Regulatory Flexibility Act''

This interim rule is not subject to the Regulatory Flexibility Act

(5 U.S.C. 601) and does not have a significant impact on a substantial

number of small business. The primary target for this program will be

local educational agencies that are entitled to chapter 1 funds

pursuant to title I, Elementary and Secondary Education Act of 1965 (20

U.S.C. 2701 et seq). The program also will provide those contract

employees whose DoD contract has been terminated as a result of

completion or termination of a defense contract or program in defense

spending.

Public Law 96-511, ``Paperwork Reduction Act''

This interim rule does not impose any reporting or record keeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-

3520).

List of Subjects in 32 CFR Part 254

Elementary and secondary education, Military personnel.

Accordingly, title 32, chapter I, subchapter M, is amended to add

part 254 to read as follows:

PART 254--TEACHER AND TEACHER'S AID PLACEMENT ASSISTANCE PROGRAM

Sec.

254.1 Purpose.

254.2 Definitions.

254.3 Responsibilities.

254.4 Procedures.

Authority: Pub. L. 102-484, sections 4441, 4442, and 4443 (10

U.S.C. 1151, 1598, 2410c).

Sec. 254.1 Purpose.

It is Department of Defense policy to establish programs to assist

personnel affected by the downsizing of the Department of Defense and

to contribute to efforts to relieve shortages of elementary and

secondary school teachers and teacher's aids.

Sec. 254.2 Definitions.

(a) Alternative certification. State or local teacher certification

or licensure requirements that permit a demonstrated competence in

appropriate subject areas gained in careers outside of education to be

substituted for traditional teacher training course work.

(b) Eligible defense contractors or subcontractors. Those defense

contractors or subcontractors that have applied and been selected using

criteria established in ``National Defense Authorization Act for Fiscal

Year 1993,'' Public Law 102-484, 106 stat. 2725 and meet the following

criteria:

(1) Produce goods or services for the Department of Defense

pursuant to a defense contract or operate nuclear weapons manufacturing

facilities for the Department of Energy; and

(2) Have recently reduced operations, or are likely to reduce

operations, due to the completion or termination of a defense contract

or program or by reductions in defense spending.

(3) The Defense Activity for Non-Traditional Support (DANTES) shall

give special consideration to defense contractors who are located in

areas that have been impacted particularly hard by reductions in

defense spending.

(c) Eligible local educational agency. A local school jurisdiction

that normally hires teachers, is located in a state offering an

alternative program for teacher certification, is receiving money under

chapter 1 of title I, ``Elementary and Secondary Education Act of

1965'' (20 U.S.C. 2701 et seq.) as a result of having within its

jurisdiction a concentration of children from low income families, has

been identified by its state as experiencing a shortage of qualified

teachers. Priority for grants under this program will be given to those

local education agencies which receive concentration grant funds under

chapter 1 of title I, or are eligible to receive such funding. The

local school shall be willing to enter into an agreement with the

Department of Defense to employ a certified program participant for not

less than five consecutive years in a school within its jurisdiction

having a concentration of children from low income families.

(d) Eligible personnel. Service members, civilian employees of the

Department of Defense and the Department of Energy, and defense

contractor employees who during the time period beginning with the

effective date of DoD guidance and ending October 1, 1997, meet the

specific requirements identified in paragraphs (d) (1) through (3) of

this section. All persons selected shall have a baccalaureate or

advanced degree (associate degree or higher for teacher's aide

applicants) from an accredited institution of higher learning and, if

selected, are willing to agree to obtain certification or licensure as

an elementary or secondary school teacher or teacher's aide and to

accept an offer of full-time employment as an elementary or secondary

school teacher or teacher's aide for not less than five school years in

a school which serves a concentration of low-income families.

(1) Eligible Service members. Members of the armed forces who are

discharged or released from active duty, and apply not later than one

year after the date of discharge or release from active duty, have

served on active duty for at least six continuous years immediately

before discharge, and are honorably discharged or released from active

duty. Service members who are not educationally qualified at the time

of discharge will have up to five years to meet educational

qualifications and may apply for participation within one year after

the date of becoming educationally qualified. A member discharged or

released from Service under other than honorable conditions shall not

be eligible to participate in this program. A member who is entitled to

benefits under 10 U.S.C. 1174a (Special Separation Benefits) or 10

U.S.C. 1175 (Voluntary Separation Incentive) or is given early

retirement under ``National Defense Authorization Act for Fiscal Year

1993,'' section 4403, Public Law 102-484, 106 stat. 2702 shall not be

paid a stipend.

(2) Eligible employees. Civilian employees of the Department of

Defense or the Department of Energy who apply after receipt of a notice

of termination but not later than 60 days following termination, and

who are terminated from government employment as a result of reductions

in defense spending or the closure or realignment of a military

installation as determined by the Secretary of Defense or the Secretary

of Energy, as the case may be. A stipend will not be paid to any

civilian employee selected to participate in the placement program who

voluntarily retires from the Federal Government, having met either

early or optional retirement criteria, after receiving separation pay

under 5 U.S.C. 5597.

(3) Eligible contractor employees. Scientists or engineers whose

employment is terminated (or who have received notice of termination)

as a result of the completion or termination of a defense contract or

program or reductions in defense spending. The individuals must have

been employed for not less than five years as a scientist or engineer

with a private defense contractor that has entered into a cooperative

agreement with Department of Defense to help support the program

including payment of 50 percent of the stipend provided to the

contractor employee selected for assistance.

(e) Grant. Funding to be provided to a local education agency to

offset the basic salary of a program participant during five

consecutive years of employment. Assuming employment begins at the

beginning of a school year, a grant shall be paid in five installments

in accordance with the following schedule:

First Year--50 percent of basic salary not to exceed $25,000

Second Year--40 percent of basic salary not to exceed $10,000

Third Year--30 percent of basic salary not to exceed $7,500

Fourth Year--20 percent of basic salary not to exceed $5,000

Fifth Year--10 percent of basic salary not to exceed $2,500

(1) Installments shall be payable after the end of each school year

within 30 days after the local education agency certifies to the

Department of Defense the basic salary paid to the employee during the

past school year is consistent with the written agreement between the

local educational agency and the Department of Defense.

(2) If employment begins other than at the beginning of a school

year, the grant shall be payable in up to six installments. The grant

payments shall be based on the total teacher pay days equivalent to a

full school year. Payments will be made so that reimbursement does not

exceed the percentage and dollar amounts for any one equivalent full

school year.

(f) Stipend. The lesser of $5,000 or the total costs of the type

described in ``Higher Education Act of 1965,'' section 472 (20 U.S.C.

1087ll), incurred by a selected program participant while obtaining

certification.

Sec. 254.3 Responsibilities.

(a) The Assistant Secretary of Defense (Personnel and Readiness)

shall:

(1) Monitor compliance with this part and the responsibilities of

the Secretary of Defense as authorized by ``National Defense

Authorization Act for Fiscal Year 1993,'' sections 4441, 4442, 4443,

Public Law 102-484 (10 U.S.C. 1151, 1598, 2410c).

(2) The Director of Education, as the representative for the

ASD(P&R), shall:

(i) Identify program needs and provide program direction.

(ii) Provide liaison and coordination with educational agencies,

and school officials.

(iii) Oversee the funding of this program and ensure compliance

with this memorandum.

(iv) Conduct a survey of States to identify those States that have

alternative certification or licensure requirements for teachers,

including those States that grant credit for service in the armed

forces towards satisfying certification or licensure requirements for

teachers.

(b) The Secretaries of the Military Departments shall:

(1) Ensure that separating Service members are informed about the

subject program during preseparation counseling provided by Transition

Assistance Offices.

(2) Ensure that installation Education Centers can, upon request,

provide information and counseling on teacher training and

certification, including alternative certification requirements.

(3) Ensure that separating employees are informed about this

program during preseparation counseling by installation and activity

Civilian Personnel Officers.

(4) Ensure that personnel management offices inform noncommissioned

officers who will reach ten years of service during the current fiscal

year (until September 30, 1997), who have the potential to perform as

elementary or secondary school teachers, but who do not satisfy the

minimum educational requirements to qualify for the program of the

opportunity to obtain those qualifications within five years after

discharge or release from active duty and apply for placement

assistance within one year thereafter.

(c) The Secretary of the Navy shall, as executive agent for the

Defense Activity for Non-Traditional Education Support (DANTES), ensure

DANTES is provided assistance and support in meeting its

responsibilities in support of this program.

Sec. 254.4 Procedures.

(a) The Secretary of the Navy, as executive agent for DANTES, shall

ensure DANTES executes the program, by:

(1) Issuing procedural guidance implementing this part, as

necessary.

(2) Preparing and distributing information, forms and publications.

(3) Selecting participants based upon criteria established by

``National Defense Authorization Act for Fiscal Year 1993,'' Public Law

102-484, 106 stat. 2725, as amended by ``National Defense Authorization

Act for Fiscal Year 1994,'' section 1331, Public Law 103-160, 107 stat.

1791 and those stated in paragraph (e) of this section.

(4) Receiving and evaluating applications for stipends and making

awards based on criteria consistent with ``National Defense

Authorization Act for Fiscal Year 1993,'' sections 4441, 4442, and

4443, Public Law 102-484, 106 stat. 2725 as amended by ``National

Defense Authorization Act for Fiscal Year 1994,'' section 1331, Public

Law 103-160, 107 stat. 1791 and ``Higher Education Act of 1965,''

section 472, (20 U.S.C. 1087ll).

(5) Receiving and evaluating applications for grants and making

awards, based on criteria consistent with reference to ``National

Defense Authorization Act for Fiscal Year 1993,'' Public Law 102-484,

106 stat. 2725 as amended by ``National Defense Authorization Act for

Fiscal Year 1994, section 1331, Public Law 103-160, 106 stat. 2725, and

title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701

et seq.) to eligible local educational agencies that agree to employ

program participants pursuant to this part.

(6) As necessary and authorized, entering into agreements with

other governmental and non-governmental entities, stipend awardees, and

local educational agencies eligible to participate in the program.

(7) Establishing and maintaining a file on each applicant and

tracking actions taken with regard to each applicant.

(8) Establishing and maintaining a file on each local educational

agency or private defense contractor who seeks to enter into an

agreement with the Department of Defense in connection with this

program.

(9) Collecting debts owed the Department of Defense resulting from

failure to comply with agreements made regarding the use of stipends

given to program participants or grants made to local educational

agencies.

(i) DANTES shall collect from local educational agencies an amount

that bears the same ratio to the total amount already paid under the

agreement as the unserved portion of required service bears to the five

years of required service for participants that leave the employment of

the local educational agency before the end of the five years of

required service.

(ii) DANTES shall collect from personnel participating in this

program, if the participant in the placement program fails to obtain

teacher certification or licensure or employment as an elementary or

secondary school teacher or as a teacher's aide or is terminated for

cause, during the five years of required service. The participant shall

be required to reimburse the Secretary of Defense for any stipend paid

to the participant in the same ratio to the amount of the stipend as

the unserved portion of required service bears to the five years of

required service, except as provided in paragraph (f) of this section.

(10) Maintaining data on this program and provide reports to the

Assistant Secretary of Defense (Personnel and Readiness) through the

Navy, as executive agent, quarterly.

(b) Information about the program and those States that have

alternative certification or licensure requirements for teachers shall

be provided to members and employees as part of preseparation

counseling.

(c) Eligible Service members shall apply, under procedures

established by DANTES and published in the Federal Register, for

participation in the program within one year after they are separated.

Service members may make preliminary application to the program by

registering in the Public Community Service (PACS) Registry and

expressing an interest in pursuing employment as an elementary or

secondary school teacher or teacher's aide.

(d) Eligible Department of Defense or Department of Energy civilian

employees shall apply under procedures established by DANTES and

published in the Federal Register, after they have received notice of

termination but not later than 60 days following termination. DANTES

shall provide program information to civilian personnel offices that

will allow civilian personnel offices to make an initial determination

of eligibility and refer interested employees to installation Education

Centers for program information and to DANTES for selection purposes.

(e) Applications will be screened upon receipt and grouped for

either immediate evaluation or deferred evaluation. Those applications

screened for immediate evaluation will be evaluated as soon as possible

after receipt to determine if selection is justified. If so, applicants

will be notified that they have been selected to become participants in

the program. An application initially marked for deferred evaluation

will be reviewed at the end of each calendar month to determine if it

should be accepted for immediate evaluation, further deferred pending

receipt of additional information, or rejected. Criteria to be used in

selecting participants shall include the following:

(1) Is the applicant willing to work as a teacher or teacher's aide

in an elementary or secondary school which serves a concentration of

children from low income families?

(2) Does the applicant have educational or military experience in

science, mathematics or engineering and agree to seek employment

teaching science, mathematics or engineering?

(3) Is the applicant particularly likely to serve as a positive

role model in the kinds of schools that are eligible to participate in

this program?

(4) Does the applicant have educational or military experience in

English, history, geography, foreign language, the arts or special

education and agree to seek employment teaching these subjects or

working with special education students?

(f) Selected participants, if eligible, may be provided a stipend

to offset costs of the type described in Higher Education Act of 1965,

section 472 (20 U.S.C. 1087ll) which are incurred by the participant

while obtaining alternative certification or licensure to teach or

necessary credentials to serve as a teacher's aide. A stipend will not

be paid to any Service member who is entitled to the Special Separation

Benefit (SSB) under 10 U.S.C. 1174a, or the Voluntary Separation

Incentive (VSI) under 10 U.S.C. 1175, or who is given early retirement

under ``National Defense Authorization Act for Fiscal Year 1993,''

section 4403, Public Law 102-484, 106 stat. 2702.

(1) A stipend will not be paid to any civilian employee selected to

participate in the placement program who receives separation pay under

5 U.S.C. 5597.

(2) If a participant fails to obtain certification or employment as

a teacher or teacher's aide, or voluntarily leaves or is terminated for

cause from employment during the five years of required service, the

participant shall reimburse the Department of Defense for any stipend

paid in an amount that is a prorated share based on the unserved

portion of required service as provided in this paragraph. A

participant may be excused from the reimbursement requirement under

certain circumstances provided for in ``National Defense Authorization

Act for Fiscal Year 1993, Public Law 102-484, 106 stat. 2702. A

participant shall be excused from the reimbursement requirement under

the following circumstances. The participant:

(i) Is pursuing a full-time course of study related to the field of

teaching at an eligible institution;

(ii) Is serving on active duty as a member of the armed forces;

(iii) Is temporarily totally disabled for a period of time not to

exceed three years as established by sworn affidavit of a qualified

physician;

(iv) Is unable to secure employment for a period not to exceed 12

months by reason of the care required by a spouse who is disabled; or

(v) Is seeking and unable to find full-time employment as a teacher

or teacher's aide in an elementary or secondary school for a single

period not to exceed 27 months.

(g) Participants will seek employment as elementary or secondary

school teachers or teacher's aides in eligible local educational

agencies identified by the Department of Defense.

(h) The Department of Defense through it's executive agent, DANTES,

will offer to enter into an agreement with the first eligible local

educational agency that employs the participant as a full-time

elementary or secondary school teacher or teacher's aide after the

participant obtains necessary credentials. Under such agreements,

DANTES will provide a grant to local educational agencies that agree to

hire program participants for not fewer than five consecutive school

years in a school of the local educational agency serving a

concentration of children from low-income families. If employment is

terminated by either the participant or the local educational agency

before the end of the five years of required service, the grant will be

adjusted as described in this part and any excess paid will be

reimbursed to the government under guidance prescribed by DANTES.

(i) Participants may not be accepted to receive stipends nor

agreements made with local educational agencies to provide grants

unless sufficient appropriations are available to support the

obligations which may be incurred.

Dated: February 9, 1994.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 94-3403 Filed 2-14-94; 8:45 am]

BILLING CODE 5000-04-M